Dean Transportation v. National Labor Relations Board

551 F.3d 1055 (2009)

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Dean Transportation v. National Labor Relations Board

United States Court of Appeals for the District of Columbia Circuit
551 F.3d 1055 (2009)

  • Written by Rose VanHofwegen, JD

Facts

When Dean Transportation, Inc. (Dean) (plaintiff) took over operations at a facility that drove buses for the Grand Rapids Public Schools (GRPS), it refused to recognize and bargain with the union that had been representing its workers, the Grand Rapids Educational Support Personnel Association (GRESPA). GRESPA had represented a majority of the bus drivers, route planners, and mechanics when GRPS operated the facility. The bus drivers continued reporting to the same location and supervisors, driving the same buses, and transporting the same groups of students to essentially the same schools. The route planners continued working in the same offices, doing the same jobs, using the same software, and reporting to the same supervisor. The mechanics worked in the same garage with the same equipment maintaining the same buses. But Dean recognized another union that represented bus drivers at Dean’s other facilities, the Dean Transportation Employees Union (DTEU). The National Labor Relations Board (NLRB) (defendant) determined Dean and the DTEU had violated the National Labor Relations Act (NLRA) and ordered Dean to recognize and bargain with GRESPA. Dean petitioned the D.C. Circuit for review, arguing it had made a number of significant changes with respect to wages and benefits, supervision, work rules, policies, training programs, paperwork, and how routes were assigned. The NLRB cross-petitioned for enforcement of its order.

Rule of Law

Issue

Holding and Reasoning (Garland, J.)

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